Understanding the Path to a De Bonis Non Grant in Kenya

Learning how to obtain a de bonis non grant in Kenya is essential when an estate's administration is incomplete due to the death or incapacity of the original executor or administrator. This grant, issued by the High Court of Kenya, allows a successor to step in and finalise the estate's affairs. The process involves specific legal procedures outlined in the Law of Succession Act (Cap 160). Mwenda Njagi & Co. Advocates & Mediators offers comprehensive guidance and practical assistance to navigate this complex application. Our expertise ensures that you understand each step, meet all statutory requirements, and achieve a successful outcome with minimal delay.

The Legal Basis for a De Bonis Non Grant in Kenya

A de bonis non grant is legally required in Kenya when an initial grant of probate or letters of administration has been made, but the appointed executor or administrator cannot complete their duties. This most commonly occurs upon their death, but can also be due to legal incapacitation. The Law of Succession Act (Cap 160), specifically through various sections and interpretations, provides the framework for appointing a new administrator to administer the 'remaining goods' of the estate. The application is made to the High Court of Kenya, Family Division. Understanding the conditions under which this grant is necessary, such as proving the cessation of the original grant holder's authority and the need for a successor, is the foundational step.

how to obtain de bonis non grant Kenya
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Step-by-Step Guide to Obtaining the Grant

To understand how to obtain a de bonis non grant in Kenya, follow these key steps:

1. Assess Eligibility: Determine if the situation meets the criteria (e.g., original administrator deceased/incapacitated, original grant in place, estate un-administered).
2. Gather Documentation: Collect the death certificate of the original administrator, the original grant of probate or letters of administration, an inventory of remaining assets, and potentially beneficiaries' consents.
3. File Application: Prepare and file a fresh application for a grant of administration with the High Court of Kenya, Family Division. This includes sworn affidavits explaining the circumstances.
4. Court Process: The court will review the application. Depending on the circumstances, citation may be issued to interested parties if there are no consents.
5. Obtain the Grant: Upon satisfaction, the court will issue the de bonis non grant, appointing a new administrator.

Mwenda Njagi & Co. Advocates & Mediators expertly manages each of these stages, ensuring all legal requirements and documentation are precisely handled.

Legal Representation in Kenya

Mwenda Njagi & Co. Advocates provides legal advisory and court representation across Kenya and all 47 counties in Kenya.

Estimating Costs and Seeking Expert Assistance

Person seeking advice on how to obtain de bonis non grant in Kenya

The process of how to obtain a de bonis non grant in Kenya involves both statutory fees and professional legal fees. Statutory fees are fixed by the High Court of Kenya for filing and processing the application. Professional fees charged by law firms vary based on the complexity of the estate and the extent of legal services required. At Mwenda Njagi & Co. Advocates & Mediators, we offer competitive rates, typically ranging from KES 65,000 to KES 200,000 for our professional services. This includes legal advice, drafting all court documents, filing, and representation. We aim to provide cost-effective solutions to help you navigate this critical step in estate administration efficiently.

Frequently Asked Questions

If the original executor's will is lost, a de bonis non grant can still be applied for, but the process becomes more complex. It may require proving the contents of the lost will through alternative evidence or proceeding under intestacy rules if the will cannot be proven. Legal counsel from Mwenda Njagi & Co. Advocates & Mediators is crucial here.
Generally, any suitable individual nominated by the beneficiaries or deemed appropriate by the court can apply to be a de bonis non administrator in Kenya. This often includes close family members or individuals with a vested interest in the estate, who must demonstrate their capability and willingness to administer the estate lawfully under the Law of Succession Act.
Mwenda Njagi & Co. Advocates & Mediators simplifies the process of obtaining a de bonis non grant in Kenya by providing expert legal guidance, managing all documentation and court filings, and representing clients before the High Court of Kenya. Our experienced team ensures compliance and efficiency from start to finish.